9 July 2001
[Federal Register: July 9, 2001 (Volume 66, Number 131)]
[Rules and Regulations]
[Page 35758-35760]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09jy01-5]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD13-01-015]
RIN 2115-AA97
Security Zones; Naval Submarine Base Bangor and Naval Submarines,
Puget Sound and Strait of Juan De Fuca, WA
AGENCY: Coast Guard, DOT.
ACTION: Interim final rule; request for comments.
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SUMMARY: The Coast Guard is establishing a fixed security zone around
Naval Submarine Base Bangor, and moving security zones around Naval
submarines while underway on Puget Sound, and the Strait of Juan De
Fuca, Washington, and adjoining waters. These zones would safeguard
U.S. Naval Submarine Base Bangor, and U.S. Naval submarines from
sabotage, other subversive acts, or accidents, and otherwise protect
Naval assets vital to national security.
DATES: This rule becomes effective at 6 p.m. PDT, June 20, 2001.
Comments and related material must reach the Coast Guard on or before
September 7, 2001.
ADDRESSES: Coast Guard Marine Safety Office Puget Sound maintains the
public docket for this rulemaking. You may mail comments and related
material to the address below. Comments and material received from the
public, as well as documents indicated in this preamble as being
available in the docket, will become part of this docket and will be
available for inspection or copying at U.S. Coast Guard Marine Safety
Office Puget Sound, 1519 Alaskan Way South, Building 1, Seattle,
Washington 98134. Normal office hours are between 8 a.m. and 4 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: LT P. M. Stocklin, Jr., c/o Captain of
the Port Puget Sound, 1519 Alaskan Way South, Seattle, WA 98134, (206)
217-6232.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for not publishing an NPRM and for
making this rule effective less than 30 days after publication in the
Federal Register. Publishing a NPRM would be contrary to public
interest since immediate action is necessary to safeguard U.S. Naval
bases and submarines from sabotage, other subversive acts, or
accidents, and otherwise protect Naval assets vital to national
security. The attack on USS COLE precipitated U.S. Navy security
reviews, which have determined that immediate threats exist to Naval
bases and submarines in Puget Sound. If normal notice and comment
procedures were followed, this rule would not become effective soon
enough to provide immediate protection to Naval assets from the threats
posed by hostile entities. The security zones in this regulation have
been carefully designed to minimally impact the public while providing
a reasonable level of protection for Naval assets. For these reasons,
following normal rulemaking procedures in this case would be
impracticable, unnecessary, and contrary to the public interest.
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD 13-01-
015), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this interim final rule in view of
them.
Public Meeting
We do not plan to hold a public meeting. However, you may submit a
request for a meeting by writing to the person identified in the FOR
FURTHER INFORMATION CONTACT section, or to the address under ADDRESSES
explaining why a public meeting would be beneficial. If we determine
that one would aid this rulemaking, we will hold one at a time and
place announced by a later notice in the Federal Register.
Background and Purpose
The Coast Guard is establishing a fixed security zone around Naval
Submarine Base Bangor, and moving security zones around Naval
submarines while underway on Puget Sound, and the Strait of Juan De
Fuca, WA, and adjoining waters. The Coast Guard has determined it is
necessary to prevent access in order to safeguard this U.S. Naval base
and submarines from sabotage, other subversive acts, or accidents, and
otherwise protect Naval assets vital to national security. Recent
events such as the bombing of the USS COLE highlight the fact that
there are hostile entities operating with the intent to harm U.S.
National Security by attacking or sabotaging Naval assets including
those in Puget Sound. It would be contrary to the public interest to
disclose the exact nature of the current threats to U.S. Naval assets,
as this information is highly classified, and if divulged would greatly
damage U.S. intelligence sources and security postures. However, the
threat to the security of U.S. Naval assets is real,
[[Page 35759]]
credible, and immediate. The Coast Guard, through this action, intends
to assist the U.S. Navy in protecting vital national security assets by
establishing security zones to exclude persons and vessels from the
immediate vicinity of U.S. Naval bases and submarines. Entry into these
zones will be prohibited unless authorized by the Captain of the Port
or his designee. These security zones will be patrolled and enforced by
Coast Guard and Navy personnel. The Captain of the Port may be assisted
by other federal, state, or local agencies.
Regulatory Evaluation
This interim final rule is not a significant regulatory action
under section 3(f) of Executive Order 12866 and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. The Office of Management and Budget has not reviewed it
under that Order. It is not significant under the regulatory policies
and procedures of the Department of Transportation (DOT)(44 FR 11040,
February 26, 1979). We expect the economic impact of this interim final
rule to be so minimal that a full Regulatory Evaluation under paragraph
10(e) of the regulatory policies and procedures of DOT is unnecessary.
This expectation is based on the fact that the regulated areas
established by this rule would encompass limited areas around a Naval
base and submarines in the Puget Sound area. The fixed zone around the
base have been carefully crafted to have either minimal or no impact on
commercial users. Recreational users may have to modify their travel to
stay further away from Naval Submarine Base Bangor than they presently
do, but in most cases this will be only a few hundred yards. The moving
security zones around Naval submarines underway will often impinge on
commercial traffic lanes, but will be of a short duration and small
area. The Coast Guard will mitigate this impact on commercial traffic
using Coast Guard Vessel Traffic Service traffic management procedures,
and the Naval submarines themselves will use reasonable measures to
decrease the inconvenience of commercial users. Recreational vessels
may find themselves unable to maneuver as close to Naval submarines as
they would desire, however the distances established by these zones
will still permit adequate freedom of movement on the waterways. Those
few vessels or persons who may be impacted by this rule may request
permission to enter the zones. The Captain of the Port, in conjunction
with the cognizant Naval Commander, may consider these requests on a
case-by-case basis. For the above reasons, the Coast Guard does not
anticipate any significant economic impact.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), we
considered whether this interim final rule would have a significant
economic impact on a substantial number of small entities. ``Small
entities'' include small businesses, not-for-profit organizations that
are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. This interim final rule will affect the following entities,
some of which may be small entities: The owners or operators of vessels
intending to transit in or near the security zones promulgated in this
rulemaking. These zones will not have a significant economic impact due
to their small size, location away from heavily traveled commercial
routes, and in the case of moving zones, their short duration and small
area. Because the impacts of this interim final rule are expected to be
minimal, the Coast Guard certifies under 605(b) of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) that this interim rule will not
have a significant economic impact on a substantial number of small
entities.
If you believe that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this interim final
rule would have a significant economic impact on it, please submit a
comment (see ADDRESSES) explaining why you believe it qualifies and how
and to what degree this interim final rule would economically affect
it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking. If this interim
final rule will affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact the person listed
in the FOR FURTHER INFORMATION CONTACT section.
Collection of Information
This rule would call for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
We have analyzed this interim final rule under Executive Order
13132 and have determined that this rule does not have implications for
federalism under that Order.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a State,
local, or tribal government or the private sector to incur direct costs
without the Federal Government's having first provided the funds to pay
those costs. This interim final rule would not impose an unfunded
mandate.
Taking of Private Property
This interim final rule would not effect a taking of private
property or otherwise have taking implications under Executive Order
12630, Governmental Actions and Interference with Constitutionally
Protected Property Rights.
Civil Justice Reform
This interim final rule meets applicable standards in sections 3(a)
and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this interim final rule under Executive Order
13045, Protection of Children from Environmental Health Risks and
Safety Risks. This interim final rule is not an economically
significant rule and does not concern an environmental risk to health
or risk to safety that may disproportionately affect children.
Indian Tribal Governments
This interim final rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian tribal
governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the federal
government and Indian tribes, or on the distribution of power and
responsibilities between the federal government and Indian tribes.
Environment
We considered the environmental impact of this interim finalrule
and concluded that, under figure 2-1, paragraph(34)(g) of Commandant
Instruction M16475.1C, this interim final rule is categorically
excluded from
[[Page 35760]]
further environmental documentation. A Categorical Exclusion is
provided for security zones. A Categorical Exclusion Determination and
an Environmental Analysis Checklist are available in the docket at the
location specified under the ADDRESSES portion of this rulemaking.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.
Interim Final Rule
For the reasons set out in the preamble, the Coast Guard amends
part 165 of Title 33, Code of Federal Regulations, as follows:
PART 165--[AMENDED]
1. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g),
6.04-1, 6.04-6, 160.5; 49 CFR 1.46.
2. Add Sec. 165.1311 to read as follows:
Sec. 165.1311 Security Zones; Naval Submarine Base Bangor and Naval
submarines, Puget Sound and Strait of Juan de Fuca, Washington.
(a) Naval Submarine Base, Bangor, WA. The following area is a
security zone: All waters of Puget Sound, Washington State, enclosed by
the following: A line beginning at 47 deg. 46' 18" N, 122 deg. 42' 18"
W; thence to 47 deg. 46' 32" N, 122 deg. 42' 20" W; thence to 47 deg.
46' 38" N, 122 deg. 42' 52" W; thence to 47 deg. 44' 15" N, 122 deg.
44' 50" W; thence to 47 deg. 43' 53" N, 122 deg. 44' 58" W; thence to
47 deg. 43' 17" N, 122 deg. 44' 49" W, and thence along the shoreline
to the point of origin. [Datum: NAD 1983]
(b) Location of Moving Security Zones. The following are moving
security zones: All United States navigable waters in Puget Sound and
the Straits of Juan De Fuca, extending East from Traffic Lane
Separation Lighted buoy J (LLNR 16135-755) to the point of moorage, and
surrounding all United States Naval Submarines to a radius of 300 yards
while in transit on the surface.
(c) Exemptions. Vessels that desire access to these zones and are
not otherwise exempted as listed in paragraphs (c)(1) through (c)(3) of
this section, shall secure permission from Captain of the Port on-scene
designated representative(s). Section 165.33 paragraphs, (a), (e), and
(f) do not apply to the following vessels or individuals on board those
vessels:
(1) Public vessels of the United States, other than United States
Naval vessels.
(2) Vessels that are performing work pursuant to a contract with
the United States Navy that requires their presence in the security
zone(s).
(3) Any other vessels or class of vessels mutually agreed upon in
advance by the Captain of the Port and the cognizant Naval Commander.
Vessels operating in the security zone(s) under this exemption must
have previously obtained a copy of a certificate of exemption
permitting their operation in the security zone from the Security
Offices established by the respective Naval Base Commander. This
written exemption shall state the date(s) on which it is effective and
may contain further restrictions on vessel operations within the
security zone as have been previously agreed upon by the Captain of the
Port and the cognizant Naval Commander. The certificate of exemption
shall be maintained on board the exempted vessel so long as such vessel
is operating in the security zone.
(d) Regulations. In accordance with the general regulations in
Secs. 165.30 and 165.33 of this part, no person or vessel may enter the
above security zones unless authorized by the Captain of the Port or
his designated representatives. Vessels and persons granted
authorization to enter the security zones shall obey all lawful orders
or directions of the Captain of the Port or his designated
representatives. The U.S. Navy and other federal, state, or local
agencies may assist the Captain of the Port in the patrol and
enforcement of these zones.
Dated: June 20, 2001.
M. R. Moore,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 01-16996 Filed 7-6-01; 8:45 am]
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